Texas Estates Code 1251.001 – Appointment of Temporary Guardian
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(a) A court shall appoint a temporary guardian, with limited powers as the circumstances of the case require, if the court:
(1) is presented with substantial evidence that a person may be an incapacitated person; and
(2) has probable cause to believe that the person, the person’s estate, or both require the immediate appointment of a guardian.
(b) The person for whom a temporary guardian is appointed under this chapter retains all rights and powers that are not specifically granted to the person’s temporary guardian by court order.
Terms Used In Texas Estates Code 1251.001
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Probable cause: A reasonable ground for belief that the offender violated a specific law.